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Home My WebLink Aboutresolution.apz.013-06 ""''^'''''~''~'''''-~~"---'"''''''~'~--",*,~''.-- 1111111111111111111111 ~~;~~~;1;8 : 53 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 RESOLUTION NO. 13 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW FOR AFFORDABLE HOUSING, SPECIAL REVIEW FOR AN INCREASE IN FREE-MARKET RESIDENTIAL FLOOR AREA, AND RECOMMENDING THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE SUBDIVISION REQUEST FOR 719 EAST HOPKINS AVENUE MUTI- FAMILY BUILDING LOCATED ON LOTS E AND F, BLOCK 104, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO. ParcelID: 2737-182-11-003 WHEREAS, the Community Development Department received an application from 719 East Hopkins Avenue, LLC; John R. Louderback, Member; represented by Stan Clauson Associates, requesting approval of Subdivision, Growth Management Review for the development of affordable housing, Special Review for an increase to the allowable free-market residential Floor Area, and condominiumization to construct a multi-family building consisting of two free-market residential units and three deed- restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado; and WHEREAS, the subject property is zoned MU (Mixed-Use); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on March 7, 2006, which hearing was continued to a duly noticed public hearing on April 18, 2006, the Planning and Zoning Commission approved Resolution No. 13, Series of 2006, by a Four to Zero (1-0) vote, approving with conditions, a Growth Management Review for the development of affordable housing, Special review for an increase to the allowable free-market residential Floor Area, and recommended City Council approve with conditions subdivision and condominiumization to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units located on the subject property; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, {00050402.DOC/l}P&Z Resolution No. 13, Series of 2006 Page 1 of5 ._-.-....-"._"""'.....~,-"'---,"'-_..._,-,,~-....,.. 1111111111111111 111111 ~;~~~:;1;8 : 53 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions, a growth management review for the development of affordable housing, Special Review for an increase to the allowable free-market residential Floor Area, and recommends that City Council approve the 719 East Hopkins Subdivision and Condominiumization in order to construct a multi-family building consisting of two (2) fret-market residential units and three (3) deed-restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: Plat and A!!reement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The Subdivision plat shall include a design for a detached sidewalk and minimum tree planting area, including trees, to be installed along the Hopkins Avenue frontage that is acceptable to the City Engineer and the Community Development Director. The tree planting area shall be at least 5 feet wide or as otherwise dictated by the grading and improvements of adjacent properties. The final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Buildin!! Permit Application The building permit application shall include the following: a. A copy ofthe final Ordinance and P&Z Resolution. a. The conditions of approval printed on the cover page ofthe building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. d. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and (00050402.DOC II }P&Z Resolution No. 13, Series of 2006 Page 2 of5 ',' ,'" ,--. """,,, -. -,_..~'-~---,.-" ~-",-~"---," ~,,,,-,." approval by the City Engineer and Streets Department Superintendent. The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time of building permit submission. e. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. g. Accessibility and ADA requirements shall meet the building code requirements. Section 4: Dimensional Requirements The redevelopment of the building as presented complies with the dimensional requirements of the Mixed-Use (MU) Zone District. The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time ofbuilding permit review. Section 5: Trash/Utilitv Service Area The trash enclosure, located to the rear of the property to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. Section 6: Sidewalks. Curb. and Gutter The sidewalk adjacent to the property shall be installed according to the City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. The Applicant shall repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any of the units within the development. Section 7: Affordable Housin!! The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing (00050402.DOC IIIP&Z Resolution No. 13, Series of 2006 Page 3 of5 ~--"",-_...--"--". .. <--...'--,",.,,""-,,-'~,.,.,.,....,,- 1111111111111111 111111 ~~;~ ~~;1 ;8: 53 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. Section 8: Fire Mitil!ation The Applicant shall install a fire sprinkler system and a1ann system that meets the requirements of the Fire Marshal. Section 9: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 10: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 11: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium plat. Section 12: Exterior Lil!htinl! All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 13: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu ofland dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. {00050402.DOC IIIP&Z Resolution No. 13, Series of 2006 Page 4 of 5 1111111111111111111111 ~;~;~~~;1;8: 53 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 Section 14: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 15: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 16: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 18th day of April, 2006. APPROVED AS TO FORM: J:J~ ~ PLANNING AND ZONING COMMISSION: ,ftdnu~ -;~Z- Jasmine Tygre, Chair ATTEST: C:\homeICurrent PlanninglCASESl719EHopkinslPZReso.doc {00050402'oOC IIIP&Z Resolution No. 13, Series of 2006 Page 5 of5